Académique Documents
Professionnel Documents
Culture Documents
2017
Invited by
a) Technical Bid
b) Financial Bid
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TABLE OF CONTENTS
1. INTRODUCTION ........................................................................................................................ 6
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TERMS USED IN THE RFP
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IMPORTANT NOTE:
2) Bidder can access tender documents on the website, fill them with all relevant
information and submit the completed tender document into electronic tender on the
website https://eprocure.gov.in/eprocure/app .
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1. INTRODUCTION
1.1. The Ministry of Electronics & Information Technology (MeitY), Government of India
has notified the “India BPO Promotion Scheme (IBPS)” under Digital India
Programme, which provides financial support in the form of Viability Gap Funding
to eligible Companies, with the following objectives:
1.2. The details of the scheme along with administrative approval are available at
www.meity.gov.in/ibps. Status and updates regarding IBPS are also available at
https://ibps.stpi.in/
1.3. The Software Technology Parks of India (STPI), an autonomous society of MeitY
has been designated as the Nodal Agency for implementation of the IBPS.
1.4. STPI invites online bids through Request For Proposal (RFP) from the eligible
Companies, who are desirous of setting up BPO/ITES operations, under the IBPS.
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2. SALIENT FEATURES OF IBPS
2.1.2. Special Incentives: The following special incentives will be provided within
the ceiling of total financial support i.e. Rs. 1 Lakh/seat:
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2.5 X no. of seats 7.5%
3 X no. of seats 10%
(iii) Incentive for wider dispersal within State including rural areas:
Special Incentive (5% of eligible financial support) for units setting up
BPO/ITES operations at locations other than the State capital.
(v) Special Package for Hilly Region (Himachal Pradesh, Uttarakhand and
Jammu & Kashmir):
2.2. The quantum of financial support shall be determined through an open bid system,
subject to overall ceiling referred above. Accordingly, bids are being invited from
eligible companies through this Request For Proposal (RFP), to determine the
lowest amount of financial support to be provided as Viability Gap Funding in
respect of each State/UT.
2.3. A Company, seeking to avail financial support under this scheme, shall be under
obligation not to claim the similar financial support under any other Scheme of the
Central/State Government concerned. However, other supports not claimed under
IBPS may be availed from other Schemes of Central/State Government. (For
reference, some salient features of certain State Government’s BPO Policies are
at Appendix-L. Please contact concerned State IT Department for further
details/latest updates.)
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3. ELIGIBILITY CRITERIA
The bidder (any Indian company not restricted to BPO/ITES Company) would be
required to meet the following conditions:
(i) The bidder must be registered in India under The Companies Act, 1956 or The
Companies Act 2013 (as amended till date), as applicable.
(ii) The bidder would be at liberty to bid for minimum of 100 seats (minimum 50
seats in case of Hilly Region) and maximum 5000 seats either (a) at one
location (city/State) or (b) at multiple locations (city/States) across the country.
However, minimum number of seats to setup operation at a location is 50
seats.
(iii) The bidder should have achieved a minimum average annual turnover during
last 3 financial years, as per total number of seats applied under IBPS,
detailed as follows:
100 2
Up to 500 5
Up to 1000 15
Up to 2000 40
Up to 5000 150
*
A bidder with higher turnover can always apply for lower numbers of seats
e.g., a bidder having average annual turnover during last 3 financial years as
Rs.40 crore can apply for minimum 100 seats (minimum 50 seats in case of
Hilly Region) and maximum 2,000 seats across States.
#The total number of seats permitted to a bidder based on its Average Annual
turnover, which shall also include the number of seats already
approved/allotted in the previous round(s) of bidding of IBPS. Bidder should
only bid for remaining qualifying number of seats.
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**
In case bidder is not meeting the average turnover for last 3 years, turnover
of last one completed audited financial year will be considered for eligibility
to participate in respective seat category, subject to furnishing 100% Bank
Guarantee against the disbursement of financial support.
OR
An Entity registered under Companies Act but not able to meet above
financial criteria, can form a Consortium with an Indian Company which is
able to fulfil above financial eligibility criteria and other conditions. The
eligible Indian Company must have at least 26 % equity shareholder in the
Consortium and commit to maintain minimum equity shareholding (26%) for
at least three years from date of commencement of BPO/ITES operations.
The eligible Indian company of the consortium will be considered as bidder
and fulfil all the eligibility conditions including turnover criteria and positive
net worth.
OR
OR
(iv) The bidder must commit to operate for a minimum period of 3 years.
(v) Bidders who have existing units (not established under IBPS) are neither
allowed to expand BPO/ITES operations at the same city/district nor shifting of
operations of any kind. However, an established BPO/ITES Company at one
city/district may establish it’s operation at another city/district under the IBPS.
(b) Successful Bidder after issue of IPA, needs to provide sufficient proof
to STPI during verification of commencement of operation, in support
of the investment made towards capital expenditure.
(c) Successful bidder after issue of IPA, will follow all terms and
conditions of RFP and timelines defined therein, including reporting
commencement of operation date to STPI.
(d) Eligible capital expenditures after the bid closing of previous round
(bid closing of previous round of RFP was 15 March 2017) will be
considered for financial support in such case. Employees joined in this
period will also be considered eligible to be reported under the
scheme, however effective employment and operational expenditures
will be considered after the reported (and verified by STPI) date of
commencement of operation.
(vii) The Bidders who have applied in previous rounds of IBPS are allowed to
expand their setup (established or approved under IBPS) at the same location
by participating in fresh round of bidding. The bidders needs to meet the
financial turnover criteria for the overall number of seats. Maximum seats to
one bidder is limited to 5000 seats across all States including the seats
already approved/allotted.
Note: For meeting the employment target, bidder is not allowed to share
employees among seats allocated in different rounds of IBPS bidding. Seats
allocated in each round will have different employment targets (of that
respective round), which should be separately met. Successful bidder will
have to adhere to the implementation timelines (refer Appendix G) of the
respective round as mentioned in RFP.
(viii) The bidder must commit itself to employ at least 1.5 times the number of seats
(employment target) for period of 3 years, for which the bid is submitted and
claim for financial support is to be subsequently made, after the
commencement of BPO/ITES operation.
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(ix) The bidder must furnish an undertaking to take either appropriate premises on
lease for at least 3 years or produce the proof of ownership of the premises for
setting up BPO/ITES operations at the location referred at (ii) above.
[Minimum 4000 Sq. Ft. super area including utilities etc. for 100 seats i.e. @
40 Sq Ft per seat].
(x) The bidder should have positive net worth in the last audited financial year
statement, duly certified by a Chartered Accountant. If bidder is not able to
fulfill positive net worth criteria, bidder may form a consortium with an Indian
Company able to fulfill positive net worth in the last audited FY statement and
other criteria(s) to be eligible.
(xi) The bidder and/or any of their consortium partners should not be under a
Declaration of Ineligibility for corrupt or fraudulent practices or blacklisted by
any of the Government agencies. Self-Declaration should be given by
authorized signatory of the bidder and each of their consortium partners.
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4. ISSUE OF RFP DOCUMENT
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5. IMPORTANT DATES
Place:
Pre-bid meeting
STPI HQs. 9th Floor, NDCC – II Building,
Jai Singh Road, New Delhi – 110001.
27/10/2017 11:00 AM
Bid Opening Date
or any other subsequent date/time
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6. BIDDING PROCESS
(ii) The Bidder need to submit bid in one of the following seat-slab in a State:
SS1 100
SS2 101-200
SS3 201-400
SS4 401-500
SS5 501-1000
SS6 1000+
Note: There is no Seats Slab for 51 to 99 seats as Seats Slab for 50 seats
has been done as a special case for hilly region (HP, J&K and UK only).
(iii) Based on the above Seat-slab, the eligible seat-slab among each State and
maximum number of seats per bidder in a State is as under:
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State/UTs Allocated Seats **Maximum *Already Allocated Eligible Seats
in State/UT Possible Seats Seats in a State/UT Slabs available for
based on in State/UT in bidding
population case of further
percentage demand
Goa, Andaman & 100 each 200 each 100 (Chandigarh), SS1
Nicobar,
Chandigarh, Dadra 100(Puducherry)
& Nagar Haveli,
Daman & Diu,
Lakshadweep,
Puducherry
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* After fourth round of bidding, around 18160 seats have been allotted to successful
bidders and around 30140 seats in total are available across the States/UTs mentioned
above. However, these numbers are indicative and may vary.
**As per Administrative Approval of IBPS, after fixed time window is over, non-utilized seats
may be re-distributed among States/UTs which have utilized their allocated seats and there
is further demand. Accordingly, increase in the number of seats by 100% for each
State/UT is allowed subject to overall availability of seats viz. 48,300 under the scheme.
(iv) The bidder can make bid for a single State/UT or Multiple States/UT, subject
to fulfilling turnover criteria and other terms and conditions.
(v) In a State/UT, bidder will give single bid in single Seat-Slab only. However,
bidder may choose to setup BPO/ITES operations at a particular location or
multiple locations within the State (minimum 50 seats at one location) e.g. in
Kerala State if a bidder applies in SS4 seat-slab then bidder will be at liberty
to setup BPO/ITES operation of 500 seats at one location or multiple
locations with minimum 50 seats at one location within the State.
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6.4. Validity of the bids
The Bid should be valid for a minimum period of 180 days from the Bid
Submission End Date.
I. TECHNICAL BID
(b) Proof of tender fee and BSD/EMD along with UTR number (separate slips).
The bidders may participate for setting up BPO/ITES operations with a minimum of
100 seats (50 seats in case of HP, J&K and UK only) capacity at one or multiple
location (City/Town) (minimum 50 seats at one location) or maximum of 5000 seats
across the country. To submit financial bid, bidder needs to download
BOQ_XXXX.xls provided as a part of tender documents, fill respective cells and
upload the file to portal without changing the name or format. It's advised to go
through the detail instructions for online bid submission given at Appendix - N in
this RFP. The bidders may please note that there would be a uniform amount of
financial support for a given Seat-slab in a State, determined through this bidding
process. Therefore, the Bidder is advised to quote single bid in one seat-slab only
in a State/UT. However, the Bidder is at liberty to quote different amount of the
financial support for other State(s)/UT.
(i) The Bidder should submit the Bid Security Deposit (BSD), @ Rs. 5000 per
seat, e.g. BSD will amount to Rs. 5 lakhs for 100 seats [(Rs 5000 X 100)].
There will be no exemption from submitting BSD.
(ii) BSD should be submitted by making online transfer. Copy of the proof of
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online transfer of BSD should be uploaded along with Technical Bid. The
Account details for making online transfer are provided below:
Bids without the BSD will be summarily rejected. The Bid Security shall be
refunded without interest to the Successful Bidder as per timeline defined in
Appendix-G. The Bid Security shall be forfeited in case of non-acceptance of IPA.
The Bid Security will be refunded to the unsuccessful bidders without any interest
within 4 weeks after issue of IPA to the Successful Bidders.
(i) Should a prospective Bidder need any clarification on any specific aspect of
this RFP Document, the same may be forwarded to the Chief Administrative
Officer, STPI, New Delhi by post, facsimile or email, on or before the last
date for submission of written queries for clarifications in the following
format:
(ii) STPI may, for any reason, carry out amendment(s) in the RFP document,
which shall be hosted on all the aforesaid websites.
The pre-bid meeting will be convened at New Delhi as indicated at Clause 5. This
meeting may be attended by the authorized representatives of the Prospective
Bidders.
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7. EVALUATION OF BIDS
(i) The bids received by the Bid Submission End Date shall be opened online by
a duly Constituted Committee. The bidder will be at liberty to be present either
in person or through an authorized representative at the time of opening of the
Technical Bid with the Bid Acknowledgement Receipt or they can view the bid
opening status online at their remote end.
(iii) The bidder is expected to examine all instructions, formats, terms &
conditions, and scope of work in the bid document. Failure to furnish complete
information or false information/ documents which is not substantially
responsive to the bid document in all respect shall result in rejection of bid.
(v) It needs to be noted that the bids would be rejected on one of the following
grounds:
(vi) The financial bids of the eligible bidders shall be evaluated as per the following
approach:
The bids under IBPS will be evaluated State-wise (separately for each
State) in a Round Robin manner as per Seat Slabs.
The lowest bidder (L1) for all Seat Slabs in a State will be determined,
and bidder claiming the lowest among all Seat Slab will be declared
successful first.
Subsequently, the lowest bidder in ascending order from the other Seat
Slab in a State will be declared successful in a Round Robin manner.
e.g.
SS1(100 seats) S11 (Rs. 80K) S12 (Rs. 82K) S13 (Rs. 84K) S11 (Rs. 80K)
SS2(200 seats) S21 (Rs. 75K) S22 (Rs. 78K) S23 (Rs. 80K) S21 (Rs. 75K)
SS3(300 seats) S31 (Rs. 70K) S32 (Rs. 72K) S33 (Rs. 74K) S31 (Rs. 70K)
If two or more bidders in a Seat Slab (L1 & L2 or L2 & L3 and so on) bid the same
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amount, then bidder quoting lesser number of seats will be considered first for
ensuring wider dispersal. In case numbers of seats are also same for two or more
bidders in a Seat Slab, then the bidder with higher net worth will be considered
first.
After completion of one round across Seat Slabs, the second lowest bidder(s)
and other bidders of each Seat Slab in the same sequence as determined in
first round would be asked to match the lowest bid for financial support and on
its acceptance such bids would be treated as successful bids, subject to
availability of seats.
In case, there are less than three bids in a State/UT, then these bidders may
be offered to match L1 of the State/UT having nearest lower match in terms of
number of seats, seat slabs.
(vii) Issue Of In-Principle Approval (IPA)/Signing Of Master Service
Agreement (MSA)
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8. TERMS & CONDITIONS
(i) The Successful bidder (BPO Unit) shall be under obligation to commence its
BPO/ITES operations within 6 months, from the date of issue of In-Principle
Approval (IPA) referred above. If the BPO Unit is not able to commence its
BPO/ITES operations within the 6 months from issuance of IPA, it can
request for an extension of not more than 3 months with penalty of 2% per
month (for each completed month) of eligible financial support (on pro-rata
basis for each installment) after expiry of 6 months duration. Within the
extended period, the unit must commence its operation. Failure to do so
shall automatically result in cancellation/termination of IPA/Agreement and
Bid Security Deposit (BSD)/Earnest Money Deposit (EMD) will be forfeited.
(b) All the obligations and liabilities of the RFP will remain with the prime
bidder. Prime bidder will ensure to meet all the objectives like
employment target, new economic activity in IT/ITES sector for that
location and timelines of the scheme.
(iii) Soon after the commencement of BPO/ITES Operations, the BPO unit shall
report the fact of commencement of its operations to STPI within a period of
two weeks. The BPO Unit can request for release of advance of 10% of
approved financial support as per IPA, after verification of COO by STPI,
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subject to furnishing Bank Guarantee of 10 % of approved financial support
as per IPA valid for 3 years from commencement of operation and its
verification by STPI. The eligible support as per the agreed amount shall be
released in 3 yearly installments, subject to fulfillment of all formalities and
compliance with various conditions laid down in RFP and submission of
following documents:
(b) PAN of regular employees recruited/joined the unit after the issuance of
In-Principle Approval (IPA).
(c) Provident fund account number and Aadhaar linked Universal Account
Number (UAN) for the regular employees recruited/joined the unit after
the issuance of In Principle Approval (IPA).
(d) Proof of Employee State Insurance (ESI) contribution for the regular
employees eligible under this scheme and recruited/joined the unit after
the issuance of IPA.
Note: For VGF claim, technical and management staff should be at least 85% of
total employment while support staff can be upto 15% of total employment
provided.
The first installment shall be upto 40% of the total eligible VGF, to be
calculated on pro-rata basis, subject to at least 50% of employment target
from commencement of operation and further subject to verification of
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required proofs/documents and site inspection by STPI. This installment
shall be claimed anytime after one year from commencement of operation
but not later than fifteen months from commencement of operation.
e.g. Assuming the estimated per seat expenditure for setting up BPO/ITES operations is Rs. 1,60,000/seat
then the bid amount of the Unit shall be Rs. 80,000/seat. If the unit wins the bid for 100 seats BPO/ITES
operation @ of 80,000/seat and the actual expenditure by the unit is Rs. 1,60,000/seat or more, then the
disbursement of financial support in different scenarios will be as under:
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s. Achieved Disbursed Achieved Disbursed Achieved Disbursed
No average amount of average amount of average amount of
monthly financial monthly financial monthly financial
Employment support in Employment support in Employment support in
Target (E.T.) 1st Target (E.T.) 2nd Target (E.T.) 3rd
at the time of installmen at the time of installment at the time of installment
claiming 1st t (X% of claiming 2nd (remarks) claiming 3
rd
(remarks)
installment E.T. * installment [(X% of installment [(X% of
from 40% of from E.T. * 70% from E.T. *
commenceme Total commencemen of Total commencemen Total
n t of financial t of operation financial t of operation financial
operation support - support) - support) -
advance disbursed (disbursed
amount) amount till amount till
1St 2nd
installment installment
I 90% (135 Rs. 20.8 80% (120 Rs. 16 70% (105 Rs. 11.2
persons against Lakh [Rs. persons against Lakh [Rs. persons against Lakh [Rs.
E.T. of 150) 28.8Lakh - E.T. of 150) 44.8Lakh - the target of 56Lakh -
Rs. 8 Rs. 28.8 150) (Rs. 28.8
Lakh] Lakh] Lakh+Rs.
16 Lakh)]
II 90% (135 Rs. 20.8 90% (135 Rs. 21.6 90% (135 Rs. 21.6
persons against Lakh [Rs. persons against Lakh persons against Lakh [Rs.
E.T. of 150) 28.8Lakh - E.T. of 150) 50.4Lakh - E.T. of 150) 72Lakh -
* 8 Lakh] Rs. 28.8 (Rs. 28.8
Lakh] Lakh+Rs.
21.6 Lakh)]
III 60% (90 Rs. 11.2 90% (135 Rs. 80% (120 Rs.13.6
persons against Lakh [Rs. persons against 31.2Lakh persons against Lakh [Rs.
E.T. of 150) 19.2Lakh - E.T. of 150) [Rs. 50.4 E.T. of 150) 64 lakh -
Rs. 8 lakh - Rs. (Rs. 19.2
Lakh] 19.2 Lakh + (Rs.
Lakh ) 31.2 Lakh )
IV 60% (90 Rs. 11.2 90% (135 Rs. 100% (150 Rs. 29.6
persons against Lakh [Rs. persons against 31.2Lakh persons against Lakh [Rs.
E.T. of 150) 19.2Lakh - E.T. of 150) [Rs. 50.4 E.T. of 150) 80 lakh -
8 Lakh] lakh - Rs. (Rs. 19.2
19.2 Lakh + (Rs.
Lakh ) 31.2 Lakh )
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(a) Incentive for diversity & inclusion: As per condition mentioned in
Para 2.1.2.
(c) Incentive for wider dispersal within State including rural areas: As
per condition mentioned in Para 2.1.2
(vii) The procurements of admissible items (Appendix-E) done after issue date of
IPA will be considered, except for those bidders who would bid under the
condition mentioned at Para 3(iv).
(viii) The BPO Unit would be required to furnish a Bank Guarantee of 10% of the
approved financial support as per IPA from a Public Sector bank or Scheduled
Commercial Bank, valid for a period of 3 years before the release of 10%
advance of the approved financial support as per IPA (excluding period of
claim). If the unit doesn't claim the 10% advance, then the Bid Security
deposited by the unit will be retained as Performance Security and will
be released after completion of 3 years from commencement of
operation (excluding the period of VGF claim and disbursement).
(ix) Change of location after signing the Agreement: The successful bidder may
request for change of location after signing the agreement with STPI for
consideration of IBPS Management Committee (IMC) with adequate
justification. It should be noted that the change of location would be limited to
non-Capital to non-Capital location or Capital to non-Capital location within
the State. However, after the disbursement of Financial Support the change of
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location would not be permissible up to 1 year from date of last disbursement.
(x) STPI Head Quarters shall timely recommend to the MeitY, the release of BPO
Unit wise financial Support, in respect of each installment, after completion of
verification and other formalities, which shall be arranged to be released by
IP: Software and ITS Division, MeitY, after securing the approval of the
Competent Authority.
The estimated timeline shall be as Appendix-G. The start date of the project
shall be from the date of issue of IPA. No extension in the schedule
whatsoever shall be requested by the selected bidder except relaxation under
para 8(i) above.
The Successful Bidders (BPO Unit) shall be under obligation to commence its
BPO operations within 6 months, from the date of issue of In-Principle
Approval (IPA) except relaxation under para 8(i) above. Failure to do so shall
automatically result in forfeiture of the Bid Security and
cancellation/termination of IPA/Agreement.
If the successful Bidder fails to meet the Employment Target i.e. average
employment of the last three years (Based on which the financial support
were released), STPI may invoke the Bank Guarantee/Performance Security
as per the performance and exit management criteria.
STPI may grant an extension of time limit set for the completion of the work, in
case the timely completion of the work is delayed by Force Majeure
conditions, beyond the Successful Bidder’s control, subject to what is stated in
the following sub paragraphs and the procedures detailed there is being
followed. Force Majeure is defined as an event of effect that cannot
reasonably be anticipated such as Acts of God (like earthquakes, floods,
storms etc.), acts of States, the direct and indirect consequences of wars
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(declared or undeclared), hostilities, national emergencies, civil commotion
and strikes (only those which exceed a duration of ten continuous days) at
successful Bidder’s premises. The successful Bidder’s right to an extension of
the time limit for completion of the work in above mentioned cases is subject to
the below mentioned procedures:
That within 15 days after the occurrence of a case of Force Majeure but before
the expiry of the stipulated date of completion, the Bidder informs the STPI in
writing that the Bidder considers himself entitled to an extension of the time
limit.
That the successful bidder produces evidence of the date of occurrence and
the duration of the Force Majeure in an adequate manner by means of
documents drawn up by the responsible authorities.
That the successful bidder proves that the said conditions have actually
interfered with the performance of the Contract.
(xv) Arbitration
All disputes, differences, claims and demands arising under this contract shall
be referred to the arbitration of a Sole Arbitrator to be appointed by the
Director General, STPI.
The provisions of the Arbitration and Conciliation Act, 1996 shall be applicable
and the award made there under shall be final and binding upon the parties
hereto, subject to legal remedies available under the law.
(xvi) Jurisdiction
The Courts at New Delhi shall have the jurisdiction in case of litigation
between the parties.
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(xviii) Limitations of Liability
Waiver of any breach of the provision of, or any default under the contract
must be in writing and signed by the Party granting the waiver. No failure or
delay on the part of either Party in exercising or any omission to exercise any
right or remedy accusing to either Party under the contract shall be a waiver
thereof, nor will any partial exercise of any right or remedy particular be a
waiver of further exercise of that right or remedy.
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9. GENERAL TERMS AND CONDITIONS
Successful
Sl. No Activity STPI
Bidder
7. Performance Review √
The successful bidder at his own expenses, shall deploy skilled and experienced
professionals in the area of BPO operations etc both during implementation and
operations of the BPO. Such skilled resources are necessary for the proper and
timely execution and maintenance of BPO/ITES operations. The overall project
works shall be monitored by the experienced project manager designated by the
successful bidder.
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The successful bidder is expected to arrange adequate resources, as necessary
for the implementation of the BPO/ITES operations, in a time bound manner.
In the event of the STPI being of the opinion that the successful bidder has not
employed sufficient number of staff and workmen as is necessary for the timely
implementation of the BPO/ITES operations, the successful bidder shall forthwith,
on receiving intimation to this effect, take necessary action in this regard and
report to STPI.
The successful bidder shall comply with all Government Regulations, Enactments,
etc pertaining to workmen, labor and MeitY/ STPI shall be indemnified of any
effects/impact.
The successful bidder shall be responsible to take all precautions to ensure the
safety of the public whether on public or Client’s Property.
The successful bidder shall comply with all kinds of safety measures in regard to
men and material deployed for the project.
The successful bidder shall neither be entitled for any revision of the financial
support amount owing to increase in the total capital/operational cost as per actual
requirement nor be entitled to any loss of consequential profits or for any other
damages arising thereof.
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9.7. Use of STPI Premises
The successful bidders may avail the built up space available at STPI Centers in
respective location and shall be required to pay for such usage to STPI as per
lease agreement that may be entered into for this purpose. List of STPI
Jurisdictional Directorates may be viewed at this link - https://www.stpi.in/11018.
The bidder is liable to pay all applicable, both existing and future taxes and duties
etc. to the concerned Agencies.
The Agreement shall be effective from the date of signing MSA and shall remain
valid till the expiry of a period of 3 (three) years (excluding the period of VGF
claim and disbursement period) from the date of commencement of BPO/ITES
Operations.
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STPI, without prejudice to any other remedy for breach of the
Agreement, by written notice of default sent to the BPO unit, may
terminate the Agreement in whole or in part:
If the BPO unit fails to deliver any or all of the good/services within the
time period(s) specified in the Agreement, or within any extension thereof
granted by STPI as per agreed terms & conditions with the BPO Unit.
Or
If the BPO Unit fails to perform any other obligation(s) under the
Agreement.
Or
STPI may at any time terminate the Agreement by giving written notice to
the successful bidder without compensation, if the SUCCESSFUL
BIDDER becomes bankrupt or otherwise insolvent, provided that such
termination will not prejudice or affect any right of action or remedy which
has accrued or will accrue thereafter to STPI.
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There is a proceeding for bankruptcy, insolvency, winding up or there is
an appointment of receiver, liquidator, assignee, or similar official against
or in relation to the Agency.
Where there has been an occurrence of such defaults inter alia as stated
above, STPI shall issue a notice of default to the Agency, setting out
specific defaults / deviances / omissions and providing a notice of Ninety
(90) days to enable such defaulting party to remedy the default
committed.
On the advice of IMC, STPI may cancel/postpone the bidding at any stage
without assigning any reason.
9.14. Confidentiality
The bidder shall sign a Non-Disclosure Agreement (NDA) with the STPI.
The successful bidder, its antecedents and the sub- Agency shall be bound
by the NDA.
STPI reserves the right to adopt legal proceedings, civil or criminal, against
the Document Control Officer (DCO) in relation to a dispute arising out of
breach of obligation by the DCO under this clause.
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The bidder shall not disclose any confidential information to any other party
and keep confidential the terms and conditions of this Contract agreement,
any amendment hereof, and any Attachment or Annexure hereof.
The obligation of confidentiality under this section shall be for a period of two
years after the completion/termination of the contract.
(a) In the event of the BPO Unit not being able to claim financial
support within stipulated timeline from the date of commencement
of its operations, the BPO Unit will not be eligible for any support
whatsoever and the IPA/Agreement shall be deemed to have been
cancelled/ terminated.
(b) In the event of the BPO Unit not being able to achieve minimum
employment target of 50%, within stipulated timeline for VGF
claim, the Unit shall not be eligible for any support whatsoever and
the IPA/Agreement shall be deemed to have been cancelled/
terminated.
(In this example it is 11th and 16th day of the month) then monthly average
employment will be calculated as under:
11th to 15th day of the month (D2) (N2)(70 employees joined on 11th
120 day of the month)
(ii) The BPO Unit shall be under obligation to furnish any information
sought by an authorized representative of MeitY/ STPI, within a
reasonable time frame and failure to do so may amount to forfeiture of
Bid Security/ Encashment of Bank Guarantee, as the case may be.
(iii) The MeitY shall be at liberty to relax any condition, for reasons to be
recorded in writing, for achieving the larger objective of this Scheme
and removal of difficulties.
(iv) Time under force Majeure will not be considered in the 3 years period
of operations, subject to the BPO Unit produce evidence of the date of
occurrence and the duration of the force Majeure in an adequate
manner by means of documents drawn up by responsible authorities.
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10. SCOPE OF WORKS
The successful bidder shall provision the following requirements (not limited to)
to meet their business requirements:
Creation of Interiors.
Technical infrastructure such as Servers, Storage, Printers, Fax, EPABX
etc.
Network Connectivity: Internet, LAN, etc.
BPO Hardware/Software as required.
Support infrastructure: Air-conditioned, UPS etc as required.
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manpower with adequate training as per the business requirements.
The bidder shall be responsible for Operation & Maintenance of the BPO
operations but not limited to the following:
The successful bidder shall be required to Market their Services for generation
of revenues.
The bidder shall make all the efforts to employ at least 1.5 times the number of
seats to achieve the employment Target.
The successful bidder shall identify and bear all the risk associated with
Implementation and Operations& Maintenance of the BPO for the entire
contract period at his own expense.
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The successful bidder shall identify and bear all the risks involved with
Sales, Service Quality and Standards, Revenue collections and
sustainability of the operations at his own expense.
STPI shall not compensate for any losses if any incurred by the
Successful Bidder during entire contract period.
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11. LIST OF APPENDICES
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Appendix-A - Tender Acceptance Letter
To,
Chief Administrative Officer,
Software Technology Parks of India
9th Floor, NDCC-II Building, Jai Singh Road (Opp. Jantar Mantar),
New Delhi-110 001
Dear Sir,
1. I/ We have downloaded / obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:_________________________________
as per your advertisement, given in the above mentioned website(s).
2. I / We hereby certify that I / we have read the entire terms and conditions of the tender
documents from Page No. _______ to _______ (including all documents like
annexure(s), schedule(s), etc .,), which form part of the contract agreement and I / we
shall abide hereby by the terms / conditions / clauses contained therein.
3. The corrigendum(s) issued from time to time by your department/ organisation too
have also been taken into consideration, while submitting this acceptance letter.
5. In case any provisions of this tender are found violated , then your department/
organisation shall without prejudice to any other right or remedy be at liberty to reject
this tender/bid including the forfeiture of the full said earnest money deposit absolutely.
Yours Faithfully,
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Appendix-B - Format for Technical Eligibility
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4. Annual turnover of the i. Copy of Balance
eligible Indian company as Sheet/Chartered
laid down in the eligibility Accountant
criteria. Certificate.
Please provide details as ii. Copy of IT Returns
Table-A below. for immediate past 3
years.
In case of Consortium
please provide details as
Table-B below.
5. Positive Net worth of the Chartered Accountant
eligible Indian company as Certificate.
on last audited FY, CA
certified.
6. Technical resource Attach copy of CVs of
availability 5 key resources.
7. Should not be under Furnish Undertaking
declaration of ineligibility for as per Appendix-D
corrupt or fraudulent
practices or blacklisted by
any of the Government
agencies
8. The necessary permissions Furnish necessary
and registration required as supporting
per the DoT guidelines w.r.t. documents/registratio
BPO operations. n certificates. Furnish
undertaking that
necessary
permissions will be
taken before
commencement of
operation (in case,
registration certificate
is not available)
9. The registration certificate(s) Furnish applicable
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and other applicable registration
documents such as PAN, certificates/
Service tax, VAT, Labour documents.
department, GST etc., and
any other statutory
requirements to operate in
the region where willing to
setup Operations, to be
submitted.
10. Details of Seats applied in
each State/UT along with
location wise seats
distribution as per Table-C
11. Bidder Bank Account details
as per Table-D
12. Contact details as per
Table-E
13 Detail if investment started
for the operation after
previous round of IBPS
bidding (Table-F)
Note: Please enclose the supporting documents in the same sequence as mentioned in
above table
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Table-A: Annual Turnover of Bidder
Note: In case of consortium, Turnover as per Table - A above should be provided for
all consortium partners.
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Table–D: Bidder Account Details
Name of Account Holder
Account No.
Bank
IFSC Code
Note: If applicable, the EMD/Bid Security will be released to the above mentioned
account.
Communication Address
Address Line1 Address Line 2 City State Pin Code
Contact No.1(Mobile)
Contact No. 2
Email ID 1
Email ID 2
Fax No.
Note: In case of consortium, contact detail as per Table - E above should be provided for all
consortium partners.
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Table–F: Detail of the BPO/ITES unit, if eligible investment started after
previous round of IBPS bidding
Sl No. Location State Date on which Complete Address of the No. of regular
(City/Town) eligible capital BPO/ITES unit, if available employees at
investment present, if
started employed
Name:
Date:
Contact Number:
E-mail:
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Appendix-C - Bidder’s Client Reference
Name:
Date:
Contact Number:
e-mail ID:
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Appendix-D - Declaration Regarding Clean Track Record
To,
Sir,
I hereby declare that M/s ABC company has not been debarred/black listed by any
Government / Semi Government organizations in India. I also certify that I am competent
to make this declaration on behalf of the Company.
Yours faithfully,
Printed Name
Designation
Seal
Date:
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Appendix-E - List of Admissible Items for Financial Support
1 Servers with OS
2 Software and Hardware per license cost for BPO/ITES operations
Networking Equipments (Switches, Routers, Firewalls, Voice/Video Conferencing
3 Gateways)
4 Workstations (Desktop, Laptop, Tablets, IP phones, Headsets)
5 Data Storage
6 Structured Cabling
7 UPS
8 Printer, Copier, Scanner & Projector
9 Refrigerator & Water Purifier
10 Fire & Security systems
11 Computer Furniture
12 Central Air-conditioning equipment, air-conditioning System
Captive Diesel Generating Set and transformer of capacity commensurate with the actual
requirement of the unit, solar power / Non conventional Energy Generation Set
13
(OPTIONAL)*
14 Fax Machine
15 Private automatic branch exchange
16 Training
17 Data Communication
18 Premise Rental
19 Electricity Charges
20 Travelling Allowances for employees
21 Research and Innovation
Other misc. goods and services not exceeding 5 % of the total cost of above items
22 including canteen setup, tools, kits and spares etc.
* The unit may avail incentive on Generating Set from the State Govt., if needed.
Note: Any item not covered above shall be decided by and permitted by IBPS
Management Committee (IMC).
Only new items purchased/hired/leased as per above list are admissible under IBPS.
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Appendix-F - Format for Financial Bid
Note: BOQ_XXXX.xls is provided along with the tender document in eProcurement portal.
Bidder has to download the same, fill it and upload it on to the portal. Bidder may refer to
the following table while putting the quote:
Bidder’s quote should reflect (b). List of admissible items for Financial Support is
mentioned in Appendix-E
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Appendix-G - Implementation Timelines
Note:
The Time line shown above is the maximum allowable time frames for each
activity.
The timelines are as per English calendar days.
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Appendix-H - Form of Financial/Performance Bank Guarantee
We the Bank do hereby undertake to pay the amounts due and payable under this
guarantee without and demure, merely on a demand from STPI stating that the amount
claimed is required to meet the recoveries due or likely to be due from the BIDDER.
Any such demand made on the Bank shall be conclusive as regards the amount due
and payable by the Bank under this guarantee. However, our liability under this
guarantee shall be restricted to an amount not exceeding Rs . . .. . . . (Rs . . . . . . . . . .
only).
We undertake to pay to the STPI, the amount due under this Guarantee so demanded
notwithstanding any dispute to disputes raised by the BIDDER in any suit or proceeding
pending before any Court or Tribunal relating thereto, our liability under this present
being absolute and unequivocal.
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The payment so made by us under this bond shall be a valid discharge of our liability for
payment thereunder.
We the Bank further agree that the guarantee herein contained shall remain in full force
and effect during the period that would be taken for the performance of the said
agreement and that it shall continue to be enforceable till the dues of STPI under or by
virtue of the said agreement have been fully paid and its claims satisfied or discharged
or till the Project Coordinator on behalf of STPI certifies that the terms and conditions of
the said Agreement have been fully and properly carried out by the said BIDDER
accordingly discharges this guarantee.
We the Bank further agree with STPI, that STPI shall have the fullest liberty without our
consent and without affecting in any manner our obligations hereunder to vary any of
the terms and conditions of the said Agreement or to extend time of performance by the
said BIDDER from time to time or to postpone for any time or from time to time any of
the powers exercisable by STPI against the said BIDDER and to forbear or enforce any
of terms and conditions relating to the said agreement and we shall not be relieved from
our liability by reason of any such variation or extension being granted to the said
BIDDER or for any forbearance act or omission on the part of the STPI or any
indulgence by the STPI to the said BIDDER or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have effect of so
relieving us.
This guarantee will not be discharged due to the change in the constitution of the Bank
or the BIDDER.
We hereby waive the necessity of your demanding the Successful Bidder before
presenting us with the demand.
We the Bank lastly undertake not to revoke this guarantee except with the previous
consent of the STPI in writing.
……….. …. ( . . ………………..) all your rights under the said guarantee shall be
forfeited and we shall be relieved and discharged from all liability hereunder.
WITNESS 1 WITNESS 2
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Appendix-I - In-Principle Approval Format
M/s ........
................
Subject: In-Principle Approval (IPA) to setup BPO/ITES operations under India BPO
Promotion Scheme (IBPS)-reg.
This has reference to your bid dated …….., pursuant to the RFP issued by STPI vide
…….. dated …… and subsequent correspondence/discussions (wherever applicable).
2. M/s ABC Company shall be under obligation to commence its BPO/ITES operations
within 6 months, from the date of issue of this IPA.
3. Please convey your acceptance of the IPA and submit the Master Service
Agreement (MSA) separately for each of the location (city/town), duly signed
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and stamped by the Authorized Signatory within a period of 2 weeks from the date
of issue of this IPA.
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Appendix-J - Exclusions – IBPS
Following cities along with their Urban Agglomeration (UA) areas as per Census 2011,
are excluded from India BPO Promotion Scheme (IBPS)
(i) Bengaluru
(ii) Chennai
(iii) Hyderabad
(iv) Kolkata
(v) Mumbai
(vi) NCR ( As per definition of NCR Planning Board)
(vii) Pune
The States of North East Region (NER) viz. Assam, Arunachal Pradesh, Manipur,
Meghalaya, Mizoram, Nagaland, Sikkim and Tripura) are also excluded from IBPS. For
the NER states, there is another notified scheme "North East BPO Promotion Scheme
(NEBPS)" for similar support as in IBPS. To get the details about NEBPS please visit
http://meity.gov.in/nebps, www.stpi.in or www.guwahati.stpi.in.
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Appendix-K - IBPS BPO Seats Distribution across State(s)/UT(s)
IBPS BPO Seats Distribution across State(s)/UT(s) based on population % as per Census 2011
Seats Rounded-
Seats by population off to nearest
State/UT Population Population % % hundred
Andhra Pradesh 493,86,799 4.56 2,189 2200
Bihar 1040,99,452 9.61 4,615 4600
Chhattisgarh 255,45,198 2.36 1,132 1100
Goa 14,58,545 0.13 65 100
Gujarat 604,39,692 5.58 2,679 2700
Haryana* 230,44,841 2.13 1,022 1000
Himachal Pradesh 68,64,602 0.63 304 300
Jammu & Kashmir 125,41,302 1.16 556 600
Jharkhand 329,88,134 3.05 1,462 1500
Karnataka* 525,95,898 4.86 2,333 2300
Kerala 334,06,061 3.09 1,481 1500
Madhya Pradesh 726,26,809 6.71 3,219 3200
Maharashtra* 889,10,077 8.21 3,941 3900
Odisha 419,74,218 3.88 1,861 1900
Punjab 277,43,338 2.56 1,230 1200
Rajasthan 685,48,437 6.33 3,039 3000
Telangana* 274,44,644 2.53 1,214 1200
Tamilnadu* 634,51,020 5.86 2,813 2800
Uttar Pradesh* 1991,69,960 18.39 8,827 8800
Uttarakhand 100,86,292 0.93 447 400
West Bengal* 771,63,579 7.13 3,422 3400
Andaman & Nicobar Island 3,80,581 0.04 17 100
Chandigarh 10,55,450 0.10 47 100
Dadra & Nagar Haveli 3,43,709 0.03 15 100
Daman & Diu 2,42,911 0.02 11 100
Lakshadweep 64,429 0.01 3 100
Puducherry 12,47,953 0.12 55 100
Total 10828,23,931 100.00 48,000 48,300
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Note:
1. Total 48,000 seats have been distributed based on population percentage among States/UTs as
per Census 2011, and then rounded-off to nearest 100.
2. Minimum seats support for a State/UT = 100
3. *Population of all the States of North East Region and Urban Agglomeration Population of
certain cities [Bengaluru, Chennai, Delhi-NCR (Gurgaon, Faridabad, Noida), Hyderabad, Kolkata,
Mumbai, Pune] is subtracted from the respective State's Population and subsequently from
overall population of Country.
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Appendix-L - State Policy Information
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creation of venture capital up
Rs. 20Crore in association
with cooperative banks, SIDBI
and other financial institutions
Rajasthan Department of IT & Stamp duty concession
Communication Rebate on land cost and lease
Policy Name: IT Policy rental
2014 (Draft) Subsidy on bandwidth for
IT Building,Yojana Bhawan, connectivity
Weblink: Tilak Marg, C-Scheme Capital investment subsidy
http://doitc.rajasthan.gov. Jaipur-302005 (Raj), INDIA Interest subsidy on term loan
in/_layouts/15/Doitc/user Concession for Quality
Phone: 91(141) 2224855,
files/pdf/IT_Policy_v2_up certification and Patent filing
5153225
load.pdf Other incentives
Fax: 91(141) 2222011
Email:
secretary.itc@rajasthan.gov.i
n
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Fax.No.0771-2221311 women employees.
Email:- ceochips@nic.in, Incentive for Quality
amankumarsingh12@gmail.c Certification.
om Incentive for Technical Patent.
Other incentives.
Madhya Pradesh Department Of Information Stamp duty concession
Technology, Incentive on Quality Certification
Policy Name: IT Policy
Subsidy on capital investment
Government of Madhya
Weblink: Subsidy on Telecom facility and
Pradesh
http://www.mp.gov.in/mp Internet service
-it-policy Mantralay, Bhopal Reimbursement on skill gap
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Gujarat Science and Technology Facilitation for Allotment of
Department Land.
Policy name:
Capital subsidy
Government of Gujarat,
IT / ITeS Policy (2016- Stamp Duty/Registration Fee
21) Concession.
Incentive on Power Tariff and
Block No.7, 5th Floor, New
Electricity Duty
Sachivalaya, Gandhinagar
Weblink: 3.5. VAT/CST/GST Incentive
Phone: 079-23259999
https://dst.gujarat.gov.in/I Employment Generation
2016-21.pdf Contribution
Other incentives.
Uttar Pradesh Department of IT & Interest subsidy on term loan
Electronics, Principal and working capital
Secretary, IT & Electronics, Stamp duty exemption
Policy Name: IT Policy 20-21, Bahukhandi Bhawan, Single window clearance
Secretariat Lucknow 226 001 VAT: IT/ITeS units having
minimum capital investment of
Weblink: Rs 5 crores would be allowed
Phone: 0522-2235344, 0522-
http://www.itpolicyup.gov Interest free loan equivalent to
2238106
.in/ the amount of VAT and
Central Sales Tax deposited
every year for a period of 10
years from the date of
commencement of business or
10% of annual sales,
whichever is lower. This loan
would be repayable after 07
years from the date of loan
disbursement.
Industry promotion subsidy to
existing units on additional
capital investment for capacity
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enhancement
Rebate on land and provision for
additional FSI(Floor Space
Index)
Other incentives
https://www.maharashtra rates.
400 032. Tel. No. 022 -
.gov.in/PDF/Web_Marat 22025393 Email - Other incentives
hi_IT- psec.industry@maharashtra.
ITES_Policy_2015.pdf gov.in
0191-2569481 (Jammu)
Email: cit-jk@nic.in
Email: as-it-ua@nic.in
Phone: 0135-2712013,
2708122
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Odisha Department of Information Rental subsidy for incubation
Technology space & lease.
Policy Name: Information
Subsidy in outright purchase of
& Communication Government of Odisha
built-up space
Technology policy-2014 N-1/7-D, Acharya Vihar
Allotment of Govt. land (subject
P.O.- RRL, Bhubaneswar -
Weblink: to min. employee strength)
751013
Interest Subsidy
http://www.odisha.gov.in/
EPBX: 674-2567584 Reimbursement
portal/ICT_Policy-
Fax: +91-674-2567842 Capital Investment Subsidy
2014.pdf
Email : itsec.or@nic.in ; Stamp duty exemption
http://it.odisha.gov.in/Co contact@it.odisha
Exemption from Electricity duty,
ntent/22/90
Power cut and applicability of
http://www.bbs.stpi.in/Do Industrial Tariff
cuments/ICT_Policy_201 Others incentives
4.pdf
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Jharkhand Department of IT & e- Venture capital fund.
Governance Special financing packages.
Policy Name: IT Policy
No sales tax on raw material for
Secretary to Govt,
Weblink: exports.
http://vikaspedia.in/e- Govt of Jharkhand. Power tariff benefits.
governance/national-e- Other incentives.
Phone- 0651-2400001
governance-plan/it-
policy_jharkhand Email:
it.secy@jharkhand.gov.in
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Support for expansion of
existing Units
Other incentives
Tamilnadu Department of IT Capital support
Training incentive
Policy Name: Enhanced Thiru T.K. Ramachandran Transport facility
Rural BPO Policy (2012) IAS (Principal Secretary to SD/EMD and cost of tender
Government) exemption
Weblink: Phone : 91-44-25670783 Other incentives
http://www.elcot.in/pdf/E E-mail : secyit.tn@nic.in
nhanced%20Rural%20B
PO%20policy.pdf
Goa Department of IT Stamp duty exemption
CST and Entry tax exemption
Policy Name: IT The Director, Land incentive
Investment Policy 2015 Department of Information & Lease rent incentive
(Draft) Technology, Subsidy on electricity duty
Weblink: Government of Goa Fast track clearance
https://www.goa.gov.in/p 2nd Floor, Alcon Training and Quality certification
df/Information_Technolo Construction, incentive
gy_policy_draft_2015.pdf Above Alcon Hyundai
Other incentives
Showroom,
Porvorim,Bardez, Goa
403501
Phone No: +91-832-
2411505/+91-832-2411509 [
09:30 hrs to 17:45 hrs IST
Fax No : +91-832-2411490
Email-id : dir-dit.goa@nic.in
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2008 (IT), Subsidy on leased line rental
Chief Secretariat, Stamp duty exemption
Weblink: Puducherry - 605001 Exemption from pollution control
http://dit.puducherry.gov. act.
in/documents/IT_Policy_ Phone: +91-413-2233219 Other incentives
2008.pdf Fax: +91-413-2338300
Email: secyit.pon@nic.in
Haryana Electronics & IT Department Preferential allotment of land
Continuous and uninterrupted
Policy Name: IT Policy Addl. Chief Secretary to power supply
2000 Govt., Haryana, Electricity duty exemption
Electronics & Information Stamp duty concession
Weblink: Technology Department, Sales Tax concession
http://haryanait.gov.in/ Room No. 44 , 8th Floor, Other incentives
Haryana Civil Secretariat,
Chandigarh - 160001
Phone No: 0172-2740863
email: fcit@hry.nic.in
Please note that above mentioned features of State Government’s BPO Policies are
indicative. Please contact concerned State IT Department for further details/updates
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Appendix-M - Master Service Agreement
Format
AND
WITNESSETH
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NOW THEREFORE THE PARTIES HERETO HEREBY AGREE AND THIS
AGREEMENT WITNESSETH AS FOLLOWS
Definitions
First Party: STPI, 9th Floor, NDCC-II Building, Jai Singh Road (Opp. Jantar Mantar),
New Delhi-110 001, Implementation Agency of the India BPO Promotion Scheme
(IBPS).
Bid Response: The bid submitted by the SECOND PARTY accepting the terms of the
RFP & Corrigendum if any published by the FIRST PARTY.
Scheme: The India BPO Promotion Scheme proposes to provide the following financial
support in the form of Viability Gap Funding (VGF) to eligible companies, to encourage
the growth of the IT Industry across the country through BPO/ITES operations.
RFP: The Request for Proposal (RFP) published by the FIRST PARTY for the selection
of the companies willing to setup BPO/ITES operations and to meet the obligations of
the RFP. The RFP document refers to the RFP document STPI/HQ/PDC/09/2016-
17/035/5 dated.
BPO/ITES: The facility setup and operated by the selected bidders in each State.
1. The terms and conditions contained in RFP issued vide STPI’s No.
STPI/HQ/PDC/09/2016-17/035/5 dated 17.09.2017- and IPA issued vide no.
………………………… dated …………., which may not have been exclusively
mentioned in this Agreement, shall however form part of this Agreement.
2. AGREEMENT PERIOD
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This Agreement shall be effective from the date of signing MSA and shall remain
valid till the expiry of a period of 3 (three) years from the date of commencement of
BPO/ITES Operations, excluding the period of VGF claim and disbursement..
3. FINANCIAL SUPPORT
3.1. Up to 50% of expenditure incurred on BPO/ITES operations towards capital
expenditure (CAPEX) and/or operational expenditure (OPEX) on admissible
items (Annexure-II) or Rs. ____Bid Amount____/- per seat as per IPA,
whichever is lower.
3.2. A Company, seeking to avail financial support under this scheme, shall be under
obligation not to claim the similar financial support under any other Scheme of
the Central/State Government concerned.
5.2. Soon after the commencement of BPO/ITES Operations, the BPO unit shall
report the fact of commencement of its operations to STPI within a period of two
weeks. The BPO Unit can request for release of advance of 10% of approved
financial support as per IPA, after verification of COO by STPI, subject to
furnishing Bank Guarantee of 10 % of approved financial support as per IPA
valid for 3 years from commencement of operation and its verification by STPI.
The eligible support as per the agreed amount shall be released in 3 yearly
installments, subject to fulfillment of all formalities and compliance with various
conditions laid down in RFP and submission of following documents:
(a) Aadhaar number of regular employees recruited/joined the unit after the
issuance of In Principle Approval (IPA).
(b) PAN of regular employees recruited/joined the unit after the issuance of
In-Principle Approval (IPA).
(c) Provident fund account number and Aadhaar linked Universal Account
Number (UAN) for the regular employees recruited/joined the unit after the
issuance of In Principle Approval (IPA).
(d) Proof of Employee State Insurance (ESI) contribution for the regular
employees eligible under this scheme and recruited/joined the unit after
the issuance of IPA.
e.g. Assuming the estimated per seat expenditure for setting up BPO/ITES operations is Rs.
1,60,000/seat then the bid amount of the Unit shall be Rs. 80,000/seat. If the unit wins the
bid for 100 seats BPO/ITES operation @ f 80,000/seat and the actual expenditure by the
unit is Rs. 1,60,000/seat or more, then the disbursement of financial support in different
scenarios will be as under:
RFP for online bidding under India BPO Promotion Scheme (IBPS) Page 78 of 97
s. Achieved Disbursed Achieved Disbursed Achieved Disbursed
No average amount of average amount of average amount of
monthly financial monthly financial monthly financial
Employment support in Employment support in Employment support in
Target (E.T.) 1st Target (E.T.) 2nd Target (E.T.) 3rd
at the time of installmen at the time of installment at the time of installment
claiming 1st t (X% of claiming 2nd (remarks) claiming 3
rd
(remarks)
installment E.T. * installment [(X% of installment [(X% of
from 40% of from E.T. * 70% from E.T. *
commenceme Total commencemen of Total commencemen Total
n t of financial t of operation financial t of operation financial
operation support - support) - support) -
advance disbursed (disbursed
amount) amount till amount till
1St 2nd
installment installment
I 90% (135 Rs. 20.8 80% (120 Rs. 16 70% (105 Rs. 11.2
persons against Lakh [Rs. persons against Lakh [Rs. persons against Lakh [Rs.
E.T. of 150) 28.8Lakh - E.T. of 150) 44.8Lakh - the target of 56Lakh -
Rs. 8 Rs. 28.8 150) (Rs. 28.8
Lakh] Lakh] Lakh+Rs.
16 Lakh)]
II 90% (135 Rs. 20.8 90% (135 Rs. 21.6 90% (135 Rs. 21.6
persons against Lakh [Rs. persons against Lakh persons against Lakh [Rs.
E.T. of 150) 28.8Lakh - E.T. of 150) 50.4Lakh - E.T. of 150) 72Lakh -
* 8 Lakh] Rs. 28.8 (Rs. 28.8
Lakh] Lakh+Rs.
III 60% (90 Rs. 11.2 90% (135 Rs. 80% (120 21.6 Lakh)]
Rs.13.6
persons against Lakh [Rs. persons against 31.2Lakh persons against Lakh [Rs.
E.T. of 150) 19.2Lakh - E.T. of 150) [Rs. 50.4 E.T. of 150) 64 lakh -
Rs. 8 lakh - Rs. (Rs. 19.2
Lakh] 19.2 Lakh + (Rs.
Lakh ) 31.2 Lakh )
IV 60% (90 Rs. 11.2 90% (135 Rs. 100% (150 Rs. 29.6
persons against Lakh [Rs. persons against 31.2Lakh persons against Lakh [Rs.
E.T. of 150) 19.2Lakh - E.T. of 150) [Rs. 50.4 E.T. of 150) 80 lakh -
8 Lakh] lakh - Rs. (Rs. 19.2
19.2 Lakh + (Rs.
Lakh ) 31.2 Lakh )
5.4. Disbursement of Special Incentives: The special incentives as mentioned in
RFP Para 2.1.2 are subject to meeting at least 50% of employment target from
commencement of operation. These incentives are to be provided with/after the
disbursement of 1st installment of VGF on production of documentary proofs of
employment as per Para 5.2 above and further subject to fulfillment of following
conditions:
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(i) Incentive for diversity & inclusion: As per condition mentioned in RFP
Para 2.1.2.
(ii) Incentive for providing employment beyond target: This incentive will
be provided to the units providing employment beyond employment target
i.e. 1.5 times the number of seats as stated above..
(iii) Incentive for wider dispersal within State including rural areas: As
per condition mentioned in RFP Para 2.1.2.
(iv) Incentive for promoting local entrepreneur: As per condition
mentioned in RFP Para 2.1.2.
5.5. The Second party would be required to furnish a Bank Guarantee of 10% of the
approved financial support as per IPA from a Public Sector bank or Scheduled
Commercial Bank, valid for a period of 3 years before the release of 10%
advance of the approved financial support as per IPA (excluding period of
claim). If the unit doesn't claim the 10% advance, then the Bid Security
deposited by the unit will be retained as Performance Security and will be
released after completion of 3 years from commencement of operation
(excluding the period of VGF claim and disbursement)
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6.2. Role of Second Party: The Second Party shall:
(i) Setup BPO/ITES operations at the approved location.
(ii) Generate business from the Open Market.
(iii) Operate & maintain the facility at least during the entire contract period.
(iv) Absorb all the risk and costs associated with setting up and O&M phases
of the BPO operations.
(v) Encourage employment of local youth for the BPO/ITES operations.
(vi) Employ at least 1.5 times the number of seats (employment target), of the
total quoted seats.
(vii) Make efforts to employ 3 times the number of seats to fulfill the vision of
the scheme.
Sl. Successful
Activity STPI
No Bidder
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Sl. Successful
Activity STPI
No Bidder
7. Performance Review √
7.3. During O&M Period, SECOND PARTY is expected to deploy adequate O&M
Team to take care of both Technical and Business operations.
7.4. The Second Party shall meet all the Operational Expenses.
The SECOND PARTY shall work in overall interest of the Project / Work in
consultation with FIRST PARTY or its representatives to meet the set objectives of
IBPS.
The SECOND PARTY shall comply with all applicable Government Regulations and
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Enactments pertaining to its employees, workmen and labor and FIRST PARTY
shall be indemnified from and against any and all loss arising from SECOND
PARTY’S non-compliance with such laws and regulations.
The SECOND PARTY shall be responsible to take all precautions to ensure the
safety of the person or property of the User while performing its obligations
hereunder.
The SECOND PARTY undertakes to comply with all sorts of safety measures under
the applicable law in regards to men and material deployed for the project.
SECOND PARTY must demonstrate to the FIRST PARTY the BPO unit Setup and
its operations.
The FIRST PARTY reserves the right to randomly inspect the setup and its
operations at any time during the Agreement period.
The Second Party should provide necessary documents regarding recruitment of the
manpower for BPO.
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(ii) In the event of the second party not being able to achieve minimum
employment target of 50%, within stipulated timeline for VGF claim,
the Unit shall not be eligible for any support whatsoever and the
IPA/Agreement shall be deemed to have been cancelled/ terminated.
(iii) The second party will be obligated to furnish quarterly performance
report, inter-alia, indicating the average monthly employment and
GST returns for the Unit. At the stage of release of Bank
Guarantee/Performance Security, average employment of last three
years will be calculated. In the event of the BPO Unit not meeting the
employment target (based on which the Financial Support was
released), the STPI would be at liberty to invoke the Bank
Guarantee/Performance Security.
12.2. The Second Party shall be under obligation to furnish any information
sought by an authorized representative of MeitY/ STPI, within a
reasonable time frame and failure to do so may amount to forfeiture of Bid
Security/ Encashment of Bank Guarantee, as the case may be.
12.3. The MeitY shall be at liberty to relax any condition, for reasons to be
recorded in writing, for achieving the larger objective of this Scheme and
removal of difficulties.
12.4. Time under Force Majeure will not be considered in the 3 years period of
operations, subject to the Second Party produce evidence of the date of
occurrence and the duration of the Force Majeure in an adequate manner
by means of documents drawn up by responsible authorities.
13. SCOPE OF WORKS
13.1. Setting Up BPO Operations:
Second Party shall set up a BPO/ITES operations as per IPA.
The Second Party shall provision the following requirements to meet their
business requirements:
(i) Creation of Interiors
(ii) Technical infrastructure such as Servers, Storage, Printers, Fax,
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EPABX etc.
(iii) Network Connectivity: Internet, LAN, etc.
(iv) Call Center/BPO Hardware/Software as required
(v) Support infrastructure: Air-conditioned, UPS as required
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(iii) Technical Infrastructure: The Second Party shall form O&M team
consists of Project Manager, Call Center/BPO Expert, System
Administrator, Network Administrator, etc.
(iv) The Second Party shall ensure the safety and security for the BPO
equipment and the building facilities.
The estimated timeline shall be as laid down in Annexure-I. The start date of the
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project shall be from the date of issue of IPA.
The Second Party (BPO Unit) shall be under obligation to commence its BPO
operations within 6 months, from the date of issue of In-Principle Approval (IPA)
referred, except relaxation under para 5.1 above. Failure to do so shall automatically
result in forfeiture of the Bid Security and cancellation/termination of this MSA/IPA.
If the Second Party fails to meet the Employment Target i.e. average employment of
the last three years (Based on which the Financial Support were released), the First
Party shall invoke the Bank Guarantee/Performance Security.
STPI may grant an extension of time limit set for the completion of the work, in case
the timely completion of the work is delayed by Force Majeure conditions beyond
the Second Party’s control, subject to what is stated in the following sub paragraphs
and the procedures detailed there is being followed. Force Majeure is defined as an
event of effect that cannot reasonably be anticipated such as Acts of God (like
earthquakes, floods, storms etc.), acts of States, the direct and indirect
consequences of wars (declared or undeclared), hostilities, national emergencies,
civil commotion and strikes (only those which exceed a duration of ten continuous
days) at Second Party’s premises. The Second Party’s right to an extension of the
time limit for completion of the work in above mentioned cases is subject to the
below mentioned procedures:
That within 15 days after the occurrence of a case of Force Majeure but before
the expiry of the stipulated date of completion, the Second Party informs the
STPI in writing that the Second Party considers himself entitled to an extension
of the time limit.
That the Second Party produces evidence of the date of occurrence and the
duration of the Force Majeure in an adequate manner by means of documents
drawn up by the responsible authorities.
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That the Second Party proves that the said conditions have actually interfered
with the performance of the Agreement.
18. ARBITRATION
All disputes, differences, claims and demands arising under this MSA shall be
referred to arbitration of a sole arbitrator to be appointed by the DG, STPI.
The provisions of the Arbitration and Conciliation Act, 1996 and all its amendments
till date shall be applicable and the award made there under shall be final and
binding upon the parties hereto, subject to legal remedies available under the law.
19. Jurisdiction
The Courts at New Delhi shall have the jurisdiction in case of litigation between the
parties.
The Second Party (the "Indemnifying Party") undertakes to indemnify MeitY/ STPI
(the "Indemnified Party") from all losses, claims for damages on account of bodily
injury, death and damage to real property, tangible/ intangible personal property.
Notwithstanding any other term contained in this Agreement, the total cumulative
liability of each party under the terms of this Agreement shall not exceed the total
fees actually received by “SECOND PARTY/BPO-ITES UNIT” from the STPI for the
services that gives rise to such liability during the twelve month period immediately
preceding such claim and in no event shall each party be liable to the other party for
any indirect, incidental, consequential, special or exemplary damages, nor for any
damages as to lost profit, data, goodwill or business, nor for any reliance or cover
damages arising out of this Agreement, even if that party was advised about the
possibility of the same.
“SECOND PARTY/BPO-ITES UNIT” shall not be liable or responsible for any delay
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or failure to perform or failure of the services or the Deliverable under this
Agreement to the extent that such delay or failure has arisen as a result of any delay
or failure by STPI or its employees or agents to perform any of its duties and
obligations as set out in this Agreement. In the event that “SECOND PARTY/BPO-
ITES UNIT” is delayed or prevented from performing its obligations due to such
failure or delay on the part of STPI, “SECOND PARTY/BPO-ITES UNIT” shall be
allowed an additional period of time to perform its obligations and unless otherwise
agreed the additional period shall be equal to the amount of time for which
“SECOND PARTY/BPO-ITES UNIT” is delayed or prevented from performing its
obligations due to such failure or delay on the part of STPI.
22. Confidentiality
Any information pertaining to STPI or any other agency involved in the project/IBPS
that comes to the knowledge of the SECOND PARTY will be deemed to be
confidential and the SECOND PARTY will be fully responsible for the same being
kept confidential and held in trust. The SECOND PARTY shall not disclose any
confidential information to any other party and keep confidential the terms and
conditions of this Contract agreement, any amendment hereof, and any Attachment
or Annexure hereof, unless required to do so by Law.
STPI reserves the right to adopt legal proceedings, civil or criminal, against the
Document Control Officer (DCO) in relation to a dispute arising out of breach of
obligation by the DCO under this clause.
The obligation of confidentiality under this section shall be for a period of two years
after the completion/termination of the contract.
Waiver of any breach of the provision of, or any default under the contract must be
in writing and signed by the Party granting the waiver. No failure or delay on the part
of either Party in exercising or any omission to exercise any right or remedy
accusing to either Party under the contract shall be a waiver thereof, nor will any
partial exercise of any right or remedy particular be a waiver of further exercise of
that right or remedy.
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EXECUTED under hand in two originals the day and year first before written
BY ________________________________
Signature ________________________________
Title ________________________________
Company Stamp/Seal
Witness ________________________________
Name___________________________________
D/o,S/o _________________________________
Address_________________________________
________________________________________
BY ________________________________
Signature ________________________________
Title ________________________________
Witness ________________________________
Name___________________________________
D/o,S/o _________________________________
Address_________________________________
________________________________________
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ANNEXURE-I
IMPLEMENTATION TIMELINES
Note:
The timeline shown above is the maximum allowable time frames for each
activity.
The timelines are as per English calendar days.
Unless and until stated, all the activities pertaining IBPS after issuing of the IPAs
to successful bidders will be executed through IBPS portal (https://ibps.stpi.in/).
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ANNEXURE-II
1 Servers with OS
Captive Diesel Generating Set and transformer of capacity commensurate with the actual
13 requirement of the unit, solar power / Non conventional Energy Generation Set (OPTIONAL)*
14 Fax Machine
15 Private automatic branch exchange
16 Training
17 Data Communication
18 Premise Rental
19 Electricity Charges
20 Travelling Allowances for employees
21 Research and Innovation
Other misc. goods and services not exceeding 5 % of the total cost of above items including canteen
22
setup, tools, kits and spares etc.
* The Second Party may avail incentive on Generating Set from the State Govt., if needed.
Note: Any item not covered above shall be decided by and permitted by IBPS Management
Committee (IMC).Only new items purchased/hired/leased as per above list are admissible
under IBPS.
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Appendix-N - Instructions for Online Bid Submission
The bidders are required to submit soft copies of their bids electronically on the CPP
Portal, using valid Digital Signature Certificates. The instructions given below are meant
to assist the bidders in registering on the CPP Portal, prepare their bids in accordance
with the requirements and submitting their bids online on the CPP Portal.
More information useful for submitting online bids on the CPP Portal may be obtained
at: https://eprocure.gov.in/eprocure/app .
REGISTRATION
3) Bidders are advised to register their valid email address and mobile numbers as
part of the registration process. These would be used for any communication
from the CPP Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital
Signature Certificate (Class II or Class III Certificates with signing key usage)
issued by any Certifying Authority recognized by CCA India (e.g. Sify / TCS /
nCode / eMudhra etc.), with their profile.
5) Only one valid DSC should be registered by a bidder. Please note that the
bidders are responsible to ensure that they do not lend their DSC’s to others
which may lead to misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user
ID / password and the password of the DSC / e-Token.
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1) There are various search options built in the CPP Portal, to facilitate bidders to
search active tenders by several parameters. These parameters could include
Tender ID, Organization Name, Location, Date, Value, etc. There is also an
option of advanced search for tenders, wherein the bidders may combine a
number of search parameters such as Organization Name, Form of Contract,
Location, Date, Other keywords etc. to search for a tender published on the
CPP Portal.
2) Once the bidders have selected the tenders they are interested in, they may
download the required documents / tender schedules. These tenders can be
moved to the respective ‘My Tenders’ folder. This would enable the CPP Portal
to intimate the bidders through SMS / e-mail in case there is any corrigendum
issued to the tender document.
3) The bidder should make a note of the unique Tender ID assigned to each
tender, in case they want to obtain any clarification / help from the Helpdesk.
PREPARATION OF BIDS
1) Bidder should take into account any corrigendum published on the tender
document before submitting their bids.
2) Please go through the tender advertisement and the tender document carefully
to understand the documents required to be submitted as part of the bid. Please
note the number of covers in which the bid documents have to be submitted, the
number of documents - including the names and content of each of the
document that need to be submitted. Any deviations from these may lead to
rejection of the bid.
4) To avoid the time and effort required in uploading the same set of standard
documents which are required to be submitted as a part of every bid, a
provision of uploading such standard documents (e.g. PAN card copy, annual
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reports, auditor certificates etc.) has been provided to the bidders. Bidders can
use “My Space” or ‘’Other Important Documents’’ area available to them to
upload such documents. These documents may be directly submitted from the
“My Space” area while submitting a bid, and need not be uploaded again and
again. This will lead to a reduction in the time required for bid submission
process.
SUBMISSION OF BIDS
1) Bidder should log into the site well in advance for bid submission so that they
can upload the bid in time i.e. on or before the bid submission time. In case of
any recurring issues encountered in the site, the bidder should inform STPI by
written request /email, latest by 2 PM on the last day of bid submission.
2) The bidder has to digitally sign and upload the required bid documents one by
one as indicated in the tender document.
3) Bidder has to select the payment option as “offline/online” to pay the tender fee /
BSD as applicable and enter details of the instrument.
4) Bidder should prepare the BSD (Bid security Deposit) as per the instructions
specified in the tender document. The original should be posted/couriered/given
in person to the concerned official, latest by the last date of bid submission or as
specified in the tender documents. The details of the DD/any other accepted
instrument, physically sent, should tally with the details available in the scanned
copy and the data entered during bid submission time. Otherwise the uploaded
bid will be rejected.
5) Bidders are requested to note that they should necessarily submit their financial
bids in the format provided and no other format is acceptable. If the price bid
has been given as a standard BoQ format with the tender document, then the
same is to be downloaded and to be filled by all the bidders. Bidders are
required to download the BoQ file, open it and complete the white coloured
(unprotected) cells with their respective financial quotes and other details (such
as name of the bidder). No other cells should be changed. Once the details
have been completed, the bidder should save it and submit it online, without
changing the filename. If the BoQ file is found to be modified by the bidder, the
bid will be rejected.
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6) The server time (which is displayed on the bidders’ dashboard) will be
considered as the standard time for referencing the deadlines for submission of
the bids by the bidders, opening of bids etc. The bidders should follow this time
during bid submission.
7) All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered
cannot be viewed by unauthorized persons until the time of bid opening. The
confidentiality of the bids is maintained using the secured Socket Layer 128 bit
encryption technology. Data storage encryption of sensitive fields is done. Any
bid document that is uploaded to the server is subjected to symmetric
encryption using a system generated symmetric key. Further this key is
subjected to asymmetric encryption using buyers/bid openers public keys.
Overall, the uploaded tender documents become readable only after the tender
opening by the authorized bid openers.
8) The uploaded tender documents become readable only after the tender opening
by the authorized bid openers.
9) Upon the successful and timely submission of bids (ie after Clicking “Freeze Bid
Submission” in the portal), the portal will give a successful bid submission
message & a bid summary will be displayed with the bid no. and the date & time
of submission of the bid with all other relevant details.
10) The bid summary has to be printed and kept as an acknowledgement of the
submission of the bid. This acknowledgement may be used as an entry pass for
any bid opening meetings.
ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and conditions
contained therein should be addressed to the Tender Inviting Authority for a
tender or the relevant contact person indicated in the tender.
2) Any queries relating to the process of online bid submission or queries relating
to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The
contact number for the helpdesk is 1800 3070 2232. Bidder can also get help at
+91-7878007972 & +91-7878007973.
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****
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